Houston Appellate Attorney

Given the length and effort of a trial, you may feel despair and frustration if a decision does not go your way. However, you still may have reasons to want to continue your pursuit of justice and take your legal rights to the fullest extent possible. 

If you are considering hiring an appellate attorney in Houston, Porter Law Firm is here to represent you. Our team is composed of experienced litigators who understand the legal burdens that must be overcome for a successful appeal. We will review the details of your case and fight to provide you with the best chances to overcome the undesired outcome. If your case involves business disputes or real estate conflicts, our Houston real estate litigation and dispute attorneys can assess the underlying legal issues that impacted your trial and assist in your appeal. Don’t hesitate to start the path to overturning your case. Contact Porter Law Firm today at (713) 621-0700 and learn how we can assist you.

Why Clients Choose Porter Law Firm to Be Their Houston Appellate Lawyer

Many of our clients turn to Porter Law Firm because they had an unfortunate experience with another firm that handled their original trial and are looking for someone with better chances to provide them with a more fortunate outcome. Here are the reasons why our clients choose us for their Houston appellate claims. 

• Oral Arguments: The appellate process is different from a typical litigation claim in that the arguments are made directly in front of the appellate judges. We excel in knowing how to effectively withstand their constant line of questioning. 
• Meticulous Attention to Detail: Appeals are won or lost in the thorough review of the details of the case. Every trial transcript, court record, and case cited is reviewed by our team to examine any mistakes the trial judge made.
• Legal Brief Skills: As much as oral persuasion is needed in appeal claims, appellate judges look to strong and convincing writing when making decisions. Our team is composed of skillful writers who know how to persuade judges of the facts.
• Knowledge of Appellate Procedure: As you might be able to see, appellate claims follow a much different course of action than trials. We know how to effectively handle these procedures in getting your arguments across.

Meet Sean M. Reagan: Board-Certified Appellate Specialist

Right to Appeal in Houston Appellate Claims

The American legal system is run by humans and as we know, humans are prone to error. Texas Civil Practice & Remedies Code § 51.012 provides the basis for which a decision of a trial court can be appealed to higher courts:

“APPEAL OR WRIT OF ERROR TO COURT OF APPEALS.  In a civil case in which the judgment or amount in controversy exceeds $250, exclusive of interest and costs, a person may take an appeal or writ of error to the court of appeals from a final judgment of the district or county court.” 

What this means is that the law provides a process for a final judgment to be appealed to a higher court. This allows a party who believes the trial court made a legal or procedural error to be reviewed by an appellate judge who can rule to review the decision. In theory, the appellate process allows for the appellate court to decide whether the trial court applied the law correctly and interpreted it to align with the standard as provided by the law. Any errors or unjust outcomes can potentially be overturned. In cases involving contested wills or estate disputes, a Houston probate litigation attorney can provide guidance on whether an appeal is the right course of action.

Reasons Why a Decision Might be Overturned in a Houston Appellate Claim

There are many reasons why an appellate judge might decide to overturn a trial court’s decision. Some common reasons include:

• Misinterpretation of the Law: This occurs when a law is incorrectly applied, such as when the wrong legal standard of negligence is used.
• Improper Jury Process: If misleading instructions are provided to a jury, this can lead to an unfair trial.
• Admission of Improper Evidence: If improper evidence was used in the case that materially affected the outcome, such as hearsay statements, this could lead to an overturned decision.
• Incorrect Rulings on Motions: Failing to properly rule on important motions, such as a motion for dismissal, can lead to a reversal. 
• Insufficient Evidence: Decisions made without adequate evidence, such as speculative testimony, can be overturned.
• Improper Conduct: The undue influence of jurors can be a reason why a decision may be overruled by an appellate court.
• Conflict of Interest: Bias on the part of a judge due to a personal relationship can be a reason to overturn a decision.
• Changes in Law: If a new ruling comes out that changes that law and applies it retroactively, that may be a reason to change the decision made by a trial court.

If your appeal involves business disputes or real estate issues, the appeal may focus on legal errors or misapplied laws, especially in cases involving fiduciary duties. Our business litigation attorneys in Houston are experienced in these types of claims and can help assess how appellate courts view your case.

Burden of Proof in Houston Appeal Claims

Houston appeal claims differ from cases heard in the trial courts in that the appellate judges are focused on identifying any legal or procedural errors made in the case. They are less focused on any errors that are related to the original fact-finding or issues that were not material to the case. The party appealing the decision has the burden of showing the appellate court that the trial court made a major error based on the law or the process in which the decision was made. If your appeal involves issues related to fiduciary breaches, our Houston breach of fiduciary duty attorneys can provide insights into potential claims of mismanagement or legal violations in the trial process.

The burden varies depending on what the issue is that’s being challenged:

• De Novo Review: If the appellant is appealing a “question of law” the appellate review will decide the issue as if it’s the first time it is being considered. In other words, they will not take the trial court’s decision as gospel. An example would be if the reason for the appeal is challenging if the law for which the decision was made was interpreted correctly.
• Abuse of Discretion: Abuse of discretion refers to any rulings that the trial made at its discretion. The appellant is required to show the trial court acted arbitrarily or was unreasonable in its discretion. An example would be if the trial court decided on whether a piece of evidence could be entered into the case. 
• Factual Sufficiency: For factual issues, the appellant must demonstrate that the trial court’s decision was unsupported by the evidence. For example, if strong expert testimony was ignored that is clear and convincing, the appellate court might overturn the decision. 

Contact Porter Law Firm for Your Houston Appellate Lawyer Today

If you are frustrated due to a decision by a trial court not going your way, do not lose hope. At Porter Law Firm, our Houston appellate attorney will evaluate the facts in your claim and provide an assessment of the best legal strategy to pursue. The law provides avenues to pursue your rights to appeal an unfavorable decision. To be successful, you need someone with meticulous attention to detail and an understanding of where efforts are best placed to help determine a material finding in your favor. 

Don’t hesitate to reach out. Contact Porter Law Firm today at (713) 621-0700 or fill out the form for your consultation today and let us assist you in finding a favorable decision in your appeal.